Bethel City Council will be considering a resolution to conditionally protest the renewal of the alcohol license for UCP49 LLC doing business as Uncommon Pizza. The item is on city council’s December 19th, 2024 consent agenda.
According to the filings with the City of Bethel for calendar year 2023, and through September 2024, the business had 53% in gross sales of alcohol, which was greater than the gross sales of food and therefore not in compliance with Alaska statutes.
Uncommon Pizza’s gross receipts from the sale of alcohol was greater than the gross receipts from the sale of food in 2023, which violates AS 4.11.100, the statue that was in effect until December 31, 2023.
Furthermore, the resolution states, that Uncommon Pizza has not provided evidence that for 2023 or 2024, the gross receipts of food consumed on the licensed premises is greater than the gross receipts for alcohol sales, which violates AS 4.09.210 (e), the statute that went into effect January 1, 2024.
Alaska alcoholic beverage statute (former AS 4.11.100(3)) which was in effect during the review period states that “a license may be renewed under this section only if the license provides evidence to the board’s satisfaction that gross receipts for the sale of food upon the licensed premises constitute no less than 40 percent of the gross receipts of the licensed premises for each of the two preceding calendar years.”
And the current statute (AS 4.09.210(e)), which came into effect January 1st, 2024 provides that “the holder of a restaurant or eating place license shall ensure that gross receipts from the sale of food for consumption on the licensed premises are not less than the total of the gross receipts for the sale of alcoholic beverages for consumption on the licensed premises in each calendar year. At the time the holder submits an application for renewal of the license, the holder shall submit a statement to the board certifying that the holder has met the requirement under this subsection for the designated period of the license under AS 04.11.680. the board may renew a restaurant or eating place license only if the licensee’s statement provides evidence satisfactory to the board that, during the designated period of the license under AS 04.11.680, the gross receipts from the sale of food for consumption on the licensed premises were not less than the total of the gross receipts from the sale of alcoholic beverages for consumption on the licensed premises.”
The resolution states that the protest will stand, if passed, until UCP49 LLC can demonstrate to the satisfaction of the City and/or the Alaska Alcohol Beverage Control Board that the gross receipts for sale of food consumed on the licensed premises exceed the gross receipt for sales of alcohol in both 2023 and 2024.
During council’s November 26th, 2024 regular meeting, an administrative review of UCP49 LLC’s application for their alcohol license took place. The license had also been reviewed by the Alcohol and Marijuana Control Board (AMCO) on November 19th, 2024 and they are aware of the percentage excess for this license renewal.
“So at the AMCO meeting on the 19th there were a lot of different licenses they were reviewing and this was one of them and what they decided to do was table this renewal until the council had the opportunity to review it and until the protest period lapsed. So giving the opportunity for the council to protest if they wanted to on the basis of this statutory issue,” said City Attorney Libby Bakalar. “The owner of the business was online and there was no dispute that the receipts were inaccurate or anything like that. In other words, the statute hadn’t been met. But the board, AMCO, didn’t want to act on the renewal until the local governing body had the opportunity to protest if they wanted to. So that’s what happened at the AMCO meeting,” said City Attorney Libby Bakalar.
“I don’t appreciate the 3% over. I think being in business for 2 years now they should know that rule. I’m going to request a protest on the license. I think it would be derelict of me not to, especially at 3%,” said Mayor Rose Henderson.
City Council has until December 30th, 2024 to protest the application. UCP49 LLC will have an opportunity to defend themselves during the December 19th meeting.
